Skip to main content
· 4/13/1999

Wayne Ronald Simmons v. Oce-Usa, Inc.

Citations

  • 174 F.3d 913
  • 1999 U.S. App. LEXIS 6979
  • 76 Empl. Prac. Dec. (CCH) 46,149
  • 80 Fair Empl. Prac. Cas. (BNA) 1029
  • 1999 WL 211916

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Assuming that Simmons presented a prima fade case under McDonnell Douglas, Oce’s. presentation of comprehensive performance ratings articulated a non-discriminatory reason for terminating Simmons.”
  • stating that where the “statements and the adverse employment decision were not close in time, [the plaintiff] must establish a causal link between the comments and his termination”
  • finding events two years prior to adverse employment decision would not support an inference of discrimination
  • finding offensive comments made one to two years before adverse employment action were not evidence of discrimination
  • finding offensive racial remarks made two years prior to employment decision were unrelated to decision-making process
  • where the plaintiff failed to establish direct evidence of discrimination, the case was analyzed in the alternative under the McDonnell Douglas “circumstantial evidence” paradigm

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Loken, Arnold

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.